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ABCC and the New Code of Practice

The Australian Building and Construction Commission (ABCC) and the new Code of Practice for the Construction Industry (Code for the Tendering and Performance of Building Work 2016) became operative on 2 December 2016. What does the New Code apply to? The new Code applies to works that are tendered or expressions of interest made after the 2nd December 2016. Works that were subject to tender prior to this date are subject to the Building Code 2013. However there is a catch. In order to be eligible for federally-funded works, companies need to be Code Compliant with the new 2016 Code on all works, both public and private from 2nd December 2016. When does the Code start and what is the Transiti

Payment for Public Holidays

With the Christmas/New Year break approaching and a number of public holidays falling within this period, a few points of note should be kept in mind when paying your employees over this period. Where a full-time employee is absent from work on a public holiday, the employer must pay the employee at their base rate of pay for the employee’s “ordinary hours of work” on a public holiday. Part-time employees are paid for the ordinary hours that they would have ordinarily worked had the public holiday not occurred at their base rate of pay. Casual employees are unpaid where they are not required to work on a public holiday. Where an employee works on a public holiday, they are paid for the hours

Individual Flexibility Agreements for Salaried Arrangements

Employers often elect to pay their employees an annualised salary in order to fully satisfy all entitlements the employee may have under a Modern Award and to simplify the pay arrangements. Modern Awards apply to a range of administrative, professional, technical and certain management positions, including engineers, architects surveyors, IT, real estate and vehicle salespersons and property managers. Whilst there is some legal precedent that salaries can absorb award payments, there has been a recent Western Australian Industrial Relations Commission decision that vague or broad terms that an annual salary is inclusive of “any award provisions/entitlements that may be payable under an award

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